What Is Time Limit For Filing A Wrongful Death Claim?

San Francisco Wrongful Death Attorneys

Accidents happen every day. Millions of people end up paying the ultimate price each year, with many more being left without their loved ones.

Most of the people involved in the accidents seek legal help and deal with the aftermath with an attorney by their side. But what happens if a person dies as a result of a wrongful death?

California has laws that allow the surviving family members to file a wrongful death claim only within the statute of limitations. Listed below is everything you need to know about California’s statute of limitations, and how in certain changes it can be changed or extended.

Two Years Since The Deceased Person’s Passing

According to California’s laws and regulations, the surviving family members have only two years since the day their loved one passed away to file a wrongful death claim. However, this only applies if the “discovery rule” does not apply.

What is Discovery Rule?

In some specific cases where the cause of a person’s death was not evident and apparent at the time when the individual died, if the cause is later discovered, it can extend the amount of time that the person’s surviving family has to file a wrongful death lawsuit. This means that if the discovery rule applies, the surviving family members have 2 years from the date on which the discovery was made to file a wrongful death lawsuit.

Other Exceptions

If the case is against a public entity, then the surviving family members have only 45 days to file a wrongful death claim. If the claim is denied (and it usually is), the family has 6 months to respond with a lawsuit.

If you blame a public entity for the loss of your loved one, this should give you plenty of time to hire a skilled and experienced Wrongful death lawyers in San Francisco and see what you can do to file a successful lawsuit. Be sure to contact attorneys as soon as you can as you are on the clock, and do not have much time to act.

If a minor is suing for the death of one or both parents, according to the law, he or she has 2 years from their 18th birthday to file a lawsuit.

Another exception are medical malpractice cases; they have special rules that apply for each case differently. However, the general rule is that all victims of medical malpractice have up to a year to file a wrongful death lawsuit.

Regardless of your situation, you should always consult with an attorney and decide what is best for you and your family. Dealing with a loss of a loved one is not easy; however, you have to move forward, and attorneys will help you deal with the lawsuit and help you obtain compensation for the death of a loved one. The compensation will cover all the expenses, including:

  • Burial and funeral costs
  • Medical costs
  • Loss of consortium

The money that you receive will help you and your family move on. Call Wrongful death attorneys in San Francisco today, and schedule your initial consultation, completely free of charge.